The Michigan Court of Appeals has issued a 2-1 published opinion and requested a conflict panel under Michigan Court Rule 7.215(J)(2) to address whether retail store owners owe a duty to keep aisles reasonably safe in a case in which the plaintiff tripped over a protruding end-cap platform.  In Quinto v. Woodward Detroit CVS, et al., [...]
Tag: carson tucker
Supreme Court Poised to Address Damages Claims Against Government for Negligent Operation of Motor Vehicles
As I mentioned in a previous post, the Michigan Supreme Court issued a reconsideration and Grant Order, and a Consolidation Order, with respect to the Court of Appeals' decisions in Hunter v. Sisco, et al. and Hannay v. MDOT cases and will consider them together as calendar cases in the fall. This is turning out to be a significant case both for [...]
Equitable Amendment of Complaint Allowed to Toll Statute of Limitations in Medical Malpractice Action Even Where Original Complaint Filed Prematurely Before Expiration of Mandatory Notice Period
The Court of Appeals has issued its conflict panel opinion in the case of Furr v. McLeod, M.D., et al.  This is a case I previously wrote about in which the Court of Appeals convened a special conflict panel to determine whether the filing of an original complaint before the expiration of the mandatory notice period [...]
Supreme Court Leaves Plaintiff’s Medical Malpractice Claim Intact to Recover Damages for Loss of Kidney in “Dual Organ” Case
The Supreme Court has let stand a Court of Appeals decision, which held that a doctor’s alleged misdiagnosis and ultimate removal of a cancerous kidney gave rise to a cause of action for damages because of the potential for greater future harm due to the additional risk associated with having only one functional organ. Lawrence Garcia, Esq. [...]
Supreme Court Remands for Court of Appeals to Reconsider “Parallel Parking” Highway Defect Case
Attached is an order issued today, April 1, 2014, in the case of Yono v. Dep't of Transportation.146603, by the Supreme Court. This is the case in which the Plaintiff alleged a highway defect under the exception to governmental immunity found in MCL 691.1402(1), for injuries incurred when she slipped and fell in an alleged defect [...]